Watts v. Wells Fargo Dealer Services Inc

Filing 48

For good cause shown, the court GRANTS Defendant's request for leave to amend (doc. 47) its Counter-complaint. Defendant must file its Amended Counter-complaint on or before Wednesday, October 26, 2016 at 10:00 AM. Signed by Chief Judge Karon O. Bowdre on 10/25/16. (JAS)

FILED
2016 Oct-25 PM 04:52
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ROGER W. WATTS, JR.,
Plaintiff,
v.
WELLS FARGO DEALER SERVICES,
INC.,
Defendant.

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4:15-cv-02250-KOB

ORDER
This case comes before the court on “Wells Fargo Bank, N.A.’s Response to Show Cause
Order.” (Doc. 47). On October 20, this court ordered the Defendant to show cause why it should
not sua sponte dismiss its Counter-complaint for failure to adequately plead a claim upon which
relief may be granted. (Doc. 46). Wells Fargo has timely responded to the court’s Order.
Although the Counter-complaint contains facts that arguably support a claim for breach of
contract, the Counter-complaint did not assert such a claim, resulting in uncertainty as to
Defendant’s actual claims.
Wells Fargo seeks to amend its Counter-complaint to more clearly assert its claims;
specifically, to add a count alleging a breach of contract by Plaintiff. Rule 15 of the Federal Rules
of Civil Procedure mandates that “[t]he court should freely give leave when justice so requires.”
Fed. R. Civ. P. 15(a)(2). Moreover,
[i]n the absence of any apparent or declared reason—such as undue delay, bad
faith or dilatory motive on the part of the movant, repeated failure to cure
deficiencies by amendments previously allowed, undue prejudice to the opposing
party by virtue of allowance of the amendment, futility of amendment, etc.—the

leave sought should, as the rules require, be ‘freely given.’
Foman v. Davis, 371 U.S. 178, 182 (1962). Because Defendant’s proposed amendment is
primarily ministerial, that is, it amends the Counter-complaint to state clearly the claim to which
the parties have referred throughout this litigation, Plaintiff need not file an amended answer to
Defendant’s amended pleading.
For good cause shown, Defendant’s motion is GRANTED. Defendant must file its
Amended Counter-complaint on or before Wednesday, October 26, 2016 at 10:00 AM.
DONE and ORDERED this 25th day of October, 2016.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE